§Why CasetextPricing

Rahn v. Genzyme Corporation et al

MEMORANDUM in Support re MOTION to Dismiss

54 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,448 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,986 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

  5. Novak v. Kasaks

    216 F.3d 300 (2d Cir. 2000)   Cited 1,627 times   9 Legal Analyses
    Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false

  6. Southland Securities v. Inspire Ins. Solutions

    365 F.3d 353 (5th Cir. 2004)   Cited 1,179 times   9 Legal Analyses
    Holding that when determining whether a statement made by a corporation was made with scienter it is “appropriate to look to the state of mind of the individual corporate official or officials who make or issue the statement ... rather than generally to the collective knowledge of all the corporation's officers and employees”

  7. Wool v. Tandem Computers Inc.

    818 F.2d 1433 (9th Cir. 1987)   Cited 2,072 times   2 Legal Analyses
    Holding district court could, at pleading stage, "presume" corporate officers who had "direct involvement . . . in [corporation's] financial statements" were responsible for misleading information contained in corporation's prospectus

  8. Securities & Exchange Commission v. First Jersey Securities, Inc.

    101 F.3d 1450 (2d Cir. 1996)   Cited 1,256 times   5 Legal Analyses
    Holding that owner-officer who collaborated in unlawful conduct of firm may be held jointly and severally liable with firm for disgorgement of unlawful gains received

  9. Winer Family Trust v. Queen

    503 F.3d 319 (3d Cir. 2007)   Cited 491 times   4 Legal Analyses
    Holding that the group pleading doctrine is not applicable to those that are not officers or directors of the at-issue company

  10. Greebel v. FTP Software, Inc.

    194 F.3d 185 (1st Cir. 1999)   Cited 524 times   2 Legal Analyses
    Holding plaintiffs' failure to provide information regarding sales made by insiders at times outside the class period permitted no possibility of comparison

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."